H1 to TN after 6 years on H1

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Is there any possibility at all that H1-to-TN might get rejected after 6 years of being on H1 for the same company? This is what the company lawyer says:

"However, TN status requires that a person maintain a residence outside of the U.S. that s/he has no intention of abandoning. Because of this requirement, it is typically difficult to secure TN status after a person has been in the U.S. for a considerable period of time."
 
"TN status requires that a person maintain a residence outside of the U.S. that s/he has no intention of abandoning."

There is no such requirement. This is a requirement for tourist status, not TN.

lawyers, such bullsh1tters. If he was so creative, why did he not file PERM for you in the past year and you could keep H1 forever?

You can easily get a TN.
 
That's what I thought too. They are just so full of it.

The problem with my GC over the years has been due to a bunch of rounds of layoffs (I almost got laid off too). So they couldn't do LCs for a few years coz they weren't hiring. I haven't been enthusiastic about it either and still debating about my long-term plans. Plus I might marry my American GF (don't tell her that, LOL!).
 
How long can you be on TN? Say if someone has already been working in US on TN for 6 or more years, can USICS reject the new TN application based on the fact that the applicant has been in US for too long?
 
jiankai_yu said:
How long can you be on TN? Say if someone has already been working in US on TN for 6 or more years, can USICS reject the new TN application based on the fact that the applicant has been in US for too long?
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Legally the USCIS cannot reject you for "too long in the US" however scrutiny increases with multiple TN"s.
That said, the longer you're in the US for consecutive years the more scrutiny you may face at the border or airport.
I'm a good case I'm filing right now for my 15th or 16th TN since 1997. I have been in country 11 consecutive years and have faced screaming newbie officers and nitpicking older officers at the border crossings. I mail in ALL my TN's now. :D
 
Sure, no full day shot driving up to the WA/BC border. I loathe the trip up from the Seattle area. I cannot imagine what it's like from Olympia area :(
1 form 1 cheque wait 12 - 14 weeks, online case status tracking and email notificaton when a decision is made.
Only draw back is the new fee of $320 vs the $56 at the border.
 
One drawback on mail-in is if you leave US after your current TN expires -- and before your new I-129 is approved -- , you need to get one at the border anyways.
 
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Cool... Thanks for the answer. It's 3 hours drive to the Canadian boarder from Olympia. I have to do it later this month to apply for a TD visa for my wife at US consulate in downtown Vancouver. I have to take 2 days off and stay in a hotel in Vancouver for 2 nights. Hopefully we'll get it without any problem.
 
nelsona said:
One drawback on mail-in is if you leave US after your current TN expires, you need to get one at the border anyways.
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What? If I do a mail-in, they don't issue me a new I-94 card? So even after they approve my application, I can't travel abroad and reenter US on the existing TN?
 
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